
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6445]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
               CHAPTER 73--INTERNATIONAL RELIGIOUS FREEDOM
 
                  SUBCHAPTER III--PRESIDENTIAL ACTIONS
 
  Part A--Targeted Responses to Violations of Religious Freedom Abroad
 
Sec. 6445. Description of Presidential actions


(a) Description of Presidential actions

    Except as provided in subsection (d) of this section, the 
Presidential actions referred to in this subsection are the following:
        (1) A private demarche.
        (2) An official public demarche.
        (3) A public condemnation.
        (4) A public condemnation within one or more multilateral fora.
        (5) The delay or cancellation of one or more scientific 
    exchanges.
        (6) The delay or cancellation of one or more cultural exchanges.
        (7) The denial of one or more working, official, or state 
    visits.
        (8) The delay or cancellation of one or more working, official, 
    or state visits.
        (9) The withdrawal, limitation, or suspension of United States 
    development assistance in accordance with section 2151n of this 
    title.
        (10) Directing the Export-Import Bank of the United States, the 
    Overseas Private Investment Corporation, or the Trade and 
    Development Agency not to approve the issuance of any (or a 
    specified number of) guarantees, insurance, extensions of credit, or 
    participations in the extension of credit with respect to the 
    specific government, agency, instrumentality, or official found or 
    determined by the President to be responsible for violations under 
    section 6441 or 6442 of this title.
        (11) The withdrawal, limitation, or suspension of United States 
    security assistance in accordance with section 2304 of this title.
        (12) Consistent with section 262d of this title, directing the 
    United States executive directors of international financial 
    institutions to oppose and vote against loans primarily benefiting 
    the specific foreign government, agency, instrumentality, or 
    official found or determined by the President to be responsible for 
    violations under section 6441 or 6442 of this title.
        (13) Ordering the heads of the appropriate United States 
    agencies not to issue any (or a specified number of) specific 
    licenses, and not to grant any other specific authority (or a 
    specified number of authorities), to export any goods or technology 
    to the specific foreign government, agency, instrumentality, or 
    official found or determined by the President to be responsible for 
    violations under section 6441 or 6442 of this title, under--
            (A) the Export Administration Act of 1979 [50 App. U.S.C. 
        2401 et seq.];
            (B) the Arms Export Control Act [22 U.S.C. 2751 et seq.];
            (C) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; 
        or
            (D) any other statute that requires the prior review and 
        approval of the United States Government as a condition for the 
        export or reexport of goods or services.

        (14) Prohibiting any United States financial institution from 
    making loans or providing credits totaling more than $10,000,000 in 
    any 12-month period to the specific foreign government, agency, 
    instrumentality, or official found or determined by the President to 
    be responsible for violations under section 6441 or 6442 of this 
    title.
        (15) Prohibiting the United States Government from procuring, or 
    entering into any contract for the procurement of, any goods or 
    services from the foreign government, entities, or officials found 
    or determined by the President to be responsible for violations 
    under section 6441 or 6442 of this title.

(b) Commensurate action

    Except as provided in subsection (d) of this section, the President 
may substitute any other action authorized by law for any action 
described in paragraphs (1) through (15) of subsection (a) of this 
section if such action is commensurate in effect to the action 
substituted and if the action would further the policy of the United 
States set forth in section 6401(b) of this title. The President shall 
seek to take all appropriate and feasible actions authorized by law to 
obtain the cessation of the violations. If commensurate action is taken, 
the President shall report such action, together with an explanation for 
taking such action, to the appropriate congressional committees.

(c) Binding agreements

    The President may negotiate and enter into a binding agreement with 
a foreign government that obligates such government to cease, or take 
substantial steps to address and phase out, the act, policy, or practice 
constituting the violation of religious freedom. The entry into force of 
a binding agreement for the cessation of the violations shall be a 
primary objective for the President in responding to a foreign 
government that has engaged in or tolerated particularly severe 
violations of religious freedom.

(d) Exceptions

    Any action taken pursuant to subsection (a) or (b) of this section 
may not prohibit or restrict the provision of medicine, medical 
equipment or supplies, food, or other humanitarian assistance.

(Pub. L. 105-292, title IV, Sec. 405, Oct. 27, 1998, 112 Stat. 2806.)

                       References in Text

    The Export Administration Act of 1979, referred to in subsec. 
(a)(13)(A), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, 
which is classified principally to section 2401 et seq. of the Appendix 
to Title 50, War and National Defense. For complete classification of 
this Act to the Code, see Short Title note set out under section 2401 of 
the Appendix to Title 50 and Tables.
    The Arms Export Control Act, referred to in subsec. (a)(13)(B), is 
Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is 
classified principally to chapter 39 (Sec. 2751 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2751 of this title and Tables.
    The Atomic Energy Act of 1954, referred to in subsec. (a)(13)(C), is 
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, 
Sec. 1, 68 Stat. 921, and amended, which is classified generally to 
chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and 
Welfare. For complete classification of this Act to the Code, see Short 
Title note set out under section 2011 of Title 42 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 6402, 6441, 6442, 6443, 
6444, 6447, 6448 of this title.
